Going Green to Keep Our State Clean - Green and Sustainable Remediation

By embracing Green and Sustainable Remediation (GSR), advancing alternative energy solutions, and implementing robust climate resilience strategies, New York State is committed to leading the way toward a sustainable and environmentally secure future.

Green and Sustainable Remediation

Green and Sustainable Remediation (GSR) integrates environmental best management practices, project planning, climate resiliency, and tracking metrics and footprint analysis into site cleanup processes in order to sustainably remediate contaminated sites. While remediation work is vital to the health of New York State ecosystems and New Yorkers, these clean ups require a great deal of energy and resources. To address this intensive resource use, GSR aims to remediate sites with the same effectiveness as traditional remediation methods while minimizing the overall environmental footprint. The goals of green remediation strategies are to reduce total energy use and increase the percentage of energy from renewable resources, reduce air pollutants and greenhouse gas emissions, reduce water use and preserve water quality, conserve material and reduce waste, and protect land and ecosystems. NYSDEC's DER-31: Green Remediation policy underscores the importance of sustainable methods in remediation projects with the goal of

• Reducing total energy consumption and increasing the use of renewable energy sources.
• Lowering air pollutants and greenhouse gas emissions associated with remediation activities.
• Minimizing water use and preserving water quality
• Promoting the reuse and recycling of materials.
• Safeguarding land and ecosystems during and after remediation.

The additional policies and objectives included in DER-31, ensure that both NYSDEC and the Division of Environmental Remediation (DER) stay in line with New York State’s ambitious climate goals published in the Climate Leadership and Community Protection Act (CLCPA) or the Climate Act. The act, which passed in 2019, set goals on greenhouse gas emissions, renewable energy, disadvantaged communities (DAC) inclusion and climate resiliency in order to combat climate change, and increase climate resiliency. 

Projecting and Tracking Environmental Footprints at Remediation Sites

In order to find ways to reduce emissions during and after remedial action processes and accurately incorporate climate action goals into remedial processes, DER utilizes quantitative analysis programs to track environmental footprints. Spreadsheets for Environmental Footprint Assessment (SEFA) and SiteWise are two of the most common programs used at DER. These programs are used to quantify the footprint of proposed remedial actions, comparing remedial emissions, transportation emissions water use, material use, and other factors to find the best remediation method with the smallest environmental footprint. These projections can quantify the environmental footprint of any remedial site throughout its lifetime, so that project managers and their contractors can compare and contrast data on each remedial site's energy and resource consumption. This data is used in work plans and data reports to make decisions about remedial alternatives, better understand where site footprints can be reduced, and find sustainable alternatives for remedial actions and site management. 

Climate Resilience Strategies

Building climate resilience involves preparing communities and ecosystems to withstand and adapt to climate-related impacts such as extreme weather events, sea-level rise, and increased temperatures. NYSDEC and DER advocate for:

• Nature-Based Solutions: Implementing green infrastructure like vegetated roofs and restored wetlands to mitigate flooding and urban heat island effects.
• Community Adaptation Planning: Developing Climate Change Adaptation and Resilience Plans (CCARPs) to identify vulnerabilities and implement effective adaptation measures.
• Sustainable Development: Encouraging land-use practices that balance ecological, economic, and social goals to foster resilient communities.

In an effort to make remediation sites climate resilient, the NYSDEC has incorporated climate resiliency strategies in its remediation efforts to better prepare sites for future environmental hazards. Once a remedy is selected, a climate screening checklist (PDF)  is conducted to ensure that the remedy will not be adversely affected by climate change. If the selected remedy is found to be potentially affected, a climate vulnerability assessment (CVA) must be conducted. The CVA will consider the reliability of energy, potential for flooding and/or droughts, increased erosion potential, proximity to water bodies, and any other environmental factors subject to change. The benefit of the CVA is that it can be conducted throughout the environmental cleanup. Therefore, as the site, the climate, and other circumstances change, the CVA can be updated so that it best fits the site's needs.

Timeline Highlights

2010: DER-31 published in 2010 by DER, created and defined guidance's to remediate sites with the same effectiveness as traditional remediation methods but with the addition of a sustainable approach. As mentioned in DER-31 Green Remediation (or greener cleanups) can be defined as "the practice of considering all environmental effects of remedy implementation and incorporating options to minimize the environmental footprint of cleanup actions." Some of the main GSR concepts and techniques in DER-31 include:

• Considering the environmental impacts of treatment technologies and remedy stewardship over the long term when choosing a site remedy;
• Reducing direct and indirect GHG and other emissions;
• Increasing energy efficiency and minimizing use of nonrenewable energy;
• Conserving and efficiently managing resources and materials;
• Reducing waste, increasing recycling and increasing reuse of materials which would otherwise be considered a waste;
• Maximizing habitat value and creating habitat when possible;
• Fostering green and healthy communities and working landscapes which balance ecological, economic and social goals; and
• Integrating the remedy with the end use where possible and encouraging green and sustainable re-development.

2019: The CLCPA's main goal is to reduce NYS GHG emissions by 40% by 2030 from average 1990 GHG levels. In 2050, twenty years later, GHG emissions need to be reduced from 40% to 85% from 1990 levels. Key features in order to make this possible are by reducing GHG emissions and turning to green energy, waste minimization, and sustainable transportations.

2022: E0-22: Executive Order-22 (EO-22), signed into law in 2022 mandated that NYS agencies lead by example in reducing greenhouse gas emissions and increase resilience to climate change. E022 directs all New York State agencies, departments, and authorities to incorporate sustainability into their work plans to stay in line with the Climate Act to ensure clean resources for all. The order established the GreenNY Council, which under EO22 was directed to issue guidance on reducing carbon use and embodied carbon in all state operations.

CP-49: Published in 2010 and revised in 2022 to include disadvantaged communities, the document provides general direction and guidance to the state and its regions regarding the incorporation of climate change considerations into all agency activities.

Environmental Justice and Disadvantaged Communities

NYSDEC stands with communities such as those identified as disadvantaged communities (DACs) who experience localized pollution issues as well as those who are at greater risk of negative climate related events. DACs are communities defined under census tracts sharing a disproportionate number of environmental burdens, climate risks, and sociodemographic markers such as age and household income.

Historically, DACs are more likely to experience environmental hazards. Understanding that climate change does not affect all communities equally, the Climate Leadership and Community Protection Act (CLCPA) included laws and regulations surrounding disadvantaged communities to protect them from further marginalization. The CLCPA charged the Climate Justice Working Group (CJWG) with developing criteria to identify disadvantaged communities to ensure that frontline and otherwise underserved communities benefit from the state’s historic transition to cleaner sources of energy, reduced pollution and cleaner air, and economic opportunities. Any remedial decisions that may impact a DAC must comply with Section 7 of the CLCPA that mandates that state agency decisions cannot disproportionately burden these communities.

Remedial site locations are mapped for proximity to DACs during the remedial investigation. If the site is within 0.5 miles of a DAC, the remedial party will conduct a disproportionate burden analysis using the Disproportionate Burden Analysis Worksheet (PDF). If a disproportionate burden is found, the remedial party must propose measures to mitigate the remedy’s impacts on the DAC, to ensure that these communities are not further marginalized due to our remediation efforts. DER-31 serves to work with the CLCPA, ensuring that DACs will benefit from GSR implementation by prioritizing reduction of greenhouse gases and co-pollutants.

Renewable Energy Initiatives

Transitioning to renewable energy sources is pivotal for New York's sustainable future. The state has set ambitious targets under the Climate Leadership and Community Protection Act (CLCPA), including:

• Offshore Wind Energy: Achieving 9,000 megawatts by 2035
• Solar Energy: Attaining 6,000 megawatts by 2025
• Energy Storage: Developing 3,000 megawatts by 2030

These initiatives aim to reduce greenhouse gas emissions, enhance air quality, and promote economic growth through clean energy investments. The NYSDEC is leading by example, fostering the development of clean technologies and renewable energy installations under its five-year Sustainability Plan. The five-year plan reviews the Department’s goals and actions set to take place between 2023 and 2028, one of which mandates that the NYSDEC rely 100% on renewable energy by 2030. DER understands the importance of this initiative and is doing the work needed to increase the availability of renewable energy to the Department and to New Yorkers.

DER has partnered with the New York State Energy Research and development Authority (NYSERDA), New York Power Authority (NYPA), and the Environmental Protection Agency (EPA) to install renewable energy installations on remediated sites throughout New York State. DER is tracking over one hundred remediation sites with renewable energy either installed, under construction, or in the planning process throughout the state. Much of the energy produced by these installments is powering local homes and businesses.

Currently, DER is collecting renewable energy data to create a GSR Dashboard to further track these installations. Once published, the dashboard will be an interactive tool allowing the user to view renewable energy type, wattage, and location of any renewable energy installment on a remediated site within New York State. The dashboard will be vital in allowing the NYSDEC and the public to track progress towards the CLCPA goals and mandates. 

Project Highlights

Resource Conservation

The NYSDEC’s Utica City Dump site (UCD) was operated as an open landfill from 1930 into the 1970s and included a trash incinerator operation between 1930 and 1960. The total footprint of the dump where waste was placed is 126 acres, and most of the property today is owned by the City of Utica. Due to the proximity of the site to the Erie Canal, the NYSDEC collaborated with NYS Canals to use their navigable dredged materials (NDM) as backfill at UCD. NYS Canals dredges their canals on a regular basis to make them safe and predictable for watercraft to navigate, but this dredged material has historically been placed in upland disposal areas located right off the canals. However, in recent years these locations are filling up, leaving Canals with a difficult and costly decision. 

In 2023, almost 28,000 cubic yards of dredged material was staged at UDC which will be used as backfill to cover part of the landfill. Per NYSDEC beneficial reuse requirements, the dredged material was tested by Canals before being brought to the site. Since this is a locally sourced material, the site's overall environmental footprint will be reduced. Other remedial components will include using an evapotranspiration cover in place of a conventional composite liner system, construction of wetlands, and alternate modes of transportation for bringing that material to the site.  

Energy Efficiency and Emission Reduction

The NYSDEC’s Fort Edward site, a 58-acre former landfill, located in Washington County, was in operation from 1969 to 1991. Before closure, the landfill accepted municipal and commercial waste. Scrap capacitor waste from General Electric which contained PCB’s as well as solvents were dumped here. After its closure, the site was capped to contain the hazardous waste. Years later, after realizing that the site was a perfect candidate for solar, specific care was put in place to ensure that the solar arrays did not puncture the cap already in place. The arrays were installed using heavy gabion stones to hold the solar panels in place. A 7-megawatt solar installation was installed and became operational in 2024. The electricity generated by the site is partially used by the Town of Hudson Falls and surrounding areas to electrify more than 800 homes.

While solar installations are a great way to create clean energy, they also need consistent maintenance, specifically in the summer months. Lawn care under and around the solar installations must be conducted to allow access to the panels. In order to reduce the greenhouse gas emissions of maintenance, the NYSDEC has partnered with an agrivoltaics company to create an alternative mowing plan. A pilot program will run in the summer of 2025, where nearly 100 sheep will be rotationally grazed around the panels between May and October to reduce greenhouse gas emissions from traditional lawn care. This alternative is a great way to reduce emissions and the overall environmental footprint. 

Ecosystem Protection

NYSDEC’s Cross-County Sanitation/Kessman Landfill, located in Patterson, NY, was operated as a municipal landfill from 1963 to 1972. The landfill was sold to a private carting company which operated at the Site from 1972 to 1974. Historic information alleges that unknown types and quantities of industrial and hazardous wastes were disposed of at the landfill between 1972 and 1974. The landfill was ordered closed in 1974 by the NYSDEC and was covered in a layer of clean soil after operations ceased. Following the results of the Phase I and Phase II environmental investigations conducted in 1983 and 1985, respectively, two remedial actions were completed on the site and included the installation of a landfill cap system and the installation of a leachate collection system along the downgradient edge of the landfill. In the fall of 1993 and spring of 1994 over 250 drums and contaminated sediment were removed from the northern portion of the landfill adjacent to the wetland. In 2023, more sediment removal took place in the wetland area.

Protecting and preserving wildlife and wildlife habitat were priorities on this project. Prior to any remediation efforts, the NYSDEC relocated over 40 turtles of varying species to the nearby Great Swamp in Patterson. To restore wetland habitat, wetland topsoil mix was applied, and invasive species were removed and replaced with 1,300 native wetland tree and shrub species. Varieties included black willow, pin oak, and swamp azalea to enhance wetland environment. In total, roughly 1.6 acres of wetlands were restored.